gh Mightinesses, having for more than a century
constantly observed and manifested by successive placards, that they
would not in any manner give any judgment for or against the legality
or illegality of the acts of those who not sailing under these
provinces make prizes at sea and bring them into the roadsteads of
this country, not opening their ports to them on any other terms than
for them to put in, in case of tempest, or other disasters, and
obliging them to return with them to sea as they brought them in, they
would not undertake to examine whether the prizes brought in by said
three frigates belong to the French or to the Americans, whether they
are legal or illegal, but must abandon all this to the decision of
those who have jurisdiction, and that they would compel them
altogether to return to sea, for that, subject here to be retaken as
if they had never landed in this country, they will be judged by the
proper tribunal; inasmuch as the Ambassador will acknowledge himself,
that he would have no less a right to reclaim them, if they belonged
to English subjects, than if they were vessels of the King, which they
happened to be in this case; and by consequence, this would not
authorise their High Mightinesses to bring it before the tribunals of
this country, any more than the person of Paul Jones.

That with respect to acts of humanity, their High Mightinesses have
already manifested to the Ambassador their eagerness to exercise them
in regard to the wounded on board said vessels, and that they have
given orders in consequence.

They would be of opinion, moreover, that they ought to answer the
College of Admiralty of Amsterdam, that their High Mightinesses
approve what is done; that in conformity to their placard of the 3d
of November, 1756, which prohibits the overhauling and breaking up of
the cargoes of prizes, for the purpose of securing them from
recapture, and allowing to the captor the right of disposing of them,
they persist in it also in the case of the prizes, Serapis and
Countess of Scarborough; authorising said College to do what is in
their power that the said five frigates depart, the sooner the better,
and to take care that there be not delivered to them nor carried on
board any munitions of war or naval stores, but such things only as
they want in order to put to sea and reach the first foreign port, to
prevent all suspicion of their equipment and arming in this country.

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